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United Kingdom Leading Case marine insurance

The Cendor MOPU (Global Process Systems Inc v Syarikat Takaful Malaysia Bhd)

[2011] UKSC 5
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2011
StatusBinding authority

Summary

Loss of oil rig legs during ocean tow constituted a fortuitous peril of the seas rather than inherent vice under marine insurance law.

Key Principle

marine insurance; perils of the seas vs inherent vice; loss of legs of oil rig during tow was a fortuitous peril not inherent vice

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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